ANNEX 1 - MANDATORY CONDITIONS
The following conditions in Annex 1 are mandatory under the provisions of the Licensing Act 2003:
1.1 No supply of alcohol may be made under the premises licence:
(a) At any time when there is no designated premises supervisor in respect of the premises licence; or
(b) At any time when the designated premises supervisor does not hold a personal licence or his/her personal licence is suspended.
1.2 Every sale or supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
1.3 (a) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.
(b) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.
(c) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either -
(i) a holographic mark, or
(ii) an ultraviolet feature.
1.4 The relevant person (the holder of the premises licence, the designated premises supervisor (if any) in respect of such a licence, the personal licence holder who makes or authorises a supply of alcohol under such a licence, or any member or officer of a club present on the premises in a capacity which enables the member or officer to prevent the supply in question) shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.
For the purposes of this condition “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979, “permitted price” is the price found by applying the formula -
P = D + (D x V)
where - (i) P is the permitted price; (ii) D is the rate of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol; and (iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol; [“value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994]
1.5 The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises -
(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to -
(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or
(ii) drink as much alcohol as possible (whether within a time limit or otherwise);
(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;
(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;
(d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti- social behaviour or to refer to the effects of drunkenness in any favourable manner;
(e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).
1.6 The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
1.7 The responsible person must ensure that -
(a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures -
(i) beer or cider: 1/2 pint;
(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and
(iii) still wine in a glass: 125 ml;
(b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and
(c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.
ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
The following conditions in Annex 2 are conditions consistent with the operating schedule submitted by the applicant within the application:
2.1 The premises licence BPL0418 shall be time limited to Saturday 26 October 2019 only.
2.2 The premises licence holder shall create and implement an Event Management Plan (EMP) to promote the licensing objectives. The premises licence, event management plan and risk assessments shall be kept with all other event documentation in the event control for the duration of the festival and this location shall be clearly identified on the site plan. An up to date event site plan shall be retained with the EMP at all times.
2.3 There shall be an exclusion zone of not less than 50 meters, or alternate minimum safe distance as recommended by the firework/pyrotechnic professionals operating the display, around the positioning of the firework display.
2.4 Strict protocols must apply to all fire related ignition sources, including control of fireworks as alcohol is being served.
2.5 The firework display shall be operated and managed by suitably competent and sufficiently qualified/experienced professionals.
2.6 The premises licence holder shall ensure that an adequate number of trained and briefed marshals and stewards, as established via the event management’s risk assessment, shall be on duty for the duration of the event so as to ensure the promotion of the licensing objectives and supervise the barrier between spectators and fireworks.
2.7 Persons without a valid ticket shall not be permitted access to the event.
2.8 The event control shall maintain operational communication channels at all times with marshals, stewards and - in the event of any incident or emergency situation - the emergency services. The key event management and other contact details shall be made available to all appropriate members of the event team prior to the commencement of the event.
2.9 The premises licence holder shall ensure that medical and first aid provision for the event is suitably and sufficiently risk assessed, and that a first aid tent and first responder facilities are made available on site for the duration of the event.
2.10 Marshals and stewards on duty shall be alert to the possibility of persons causing anti-social behaviour or nuisance and any persons found to be acting in such a manner shall be asked to leave the event location.
2.11 The premises licence holder shall create and publicise a suitable and sufficient lost children’s policy, which shall be briefed to staff and incorporated within the Event Management Plan (EMP).
2.12 Children shall only be permitted on the licensed premises for the event whilst they are accompanied by a responsible adult.
2.13 The designated premises supervisor (DPS) shall ensure that all persons authorised to sell alcohol at the licensed premises have received instruction from the DPS on relevant licensing requirements/offences, and have been authorised in writing from the DPS to supply alcohol under their authority.
2.14 Suitable and sufficient measures shall be put in place within the planning and risk assessment document for the event to prevent people from bringing excessive amounts of alcohol onto the site.
2.15 A personal licence holder shall be on duty on the premises at all times whilst the premises carry on the sale and supply of alcohol. For the avoidance of doubt, the DPS may fulfil this obligation if he/she is on site for the duration of the event.
2.16 Signage shall be prominently displayed and maintained on the licensed premises advising customers and staff of any relevant crime and disorder issues, age restrictions and conditions of entry to the licensed premises. Signage shall also be prominently displayed and maintained on the licensed premises advising customers to leave the premises quietly and to respect the needs of neighbouring properties.
2.17 The premises licence holder shall adopt a ‘Challenge 25’ proof of age scheme. The premises licence holder shall operate a requirement for the production of a passport, driving licence or other bona fide form of identity carrying a photographic image, where the individual requesting the supply of alcohol appears to be under the age of 25.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
Not Applicable